First Degree Murder
Jury now considers life or death for J.C. Castor

BY JOHN PATTERSON
SALISBURY POST

Jurors convicted J.C. Castor of first-degree murder Tuesday after deliberating for more than 3 1/2 hours.

Now they must decide whether Castor should die or spend the rest of his life in prison for shooting Golden Billings to death on Jan. 9, 1998.

Castor, without emotion, listened as the clerk of court read out the jury's decision just after 3 p.m. Tuesday in Rowan County Superior Court. The jury began their deliberations around 10 Tuesday morning, asking only one question - to see a videotaped statement from Billings' wife, Jennifer - and taking a lunch break before returning with their verdict.

Jurors were re-empaneled this morning to hear the penalty phase of Castor's trial. The penalty phase - like the evidence portion of the trial - includes opening statements, testimony and evidence and closing arguments about Castor's fate.

In his brief opening this morning, District Attorney Bill Kenerly told jurors that Castor had preciously been convicted of ''a crime of violence against another person.'' That, Kenerly said, would be the only evidence he needed to present.

According to the law, for Kenerly to pursue the death penalty against Castor, he must show at least one of 11 ''aggravating'' factors prescribed by state law. In Castor's case, only one exists - his conviction for the 1971 murder of 81-year-old Pearl Walker.

Castor spent 16 years in prison for murdering Walker at her Cabarrus County home, where she lived alone.

Kenerly told jurors they were allowed to recall previously admitted evidence about Walker's murder. Kenerly also reminded jurors that it was not the number, but the weight, of the aggravating factor.

''It is not the number of aggravating factors against the number of mitigating factors'' presented by the defense, Kenerly said. ''They could put up more than one... but the number is not the test. You have to determine how much weight to apply to each circumstance.

''And that aggravating circumstance outweighs the mitigating circumstances. It is bad enough to require the imposition of the death penalty for Golden Billings' murder.''

In an even briefer opening statement, defense attorney Marshall Bickett asked jurors to keep an open mind during the penalty phase.

Bickett and co-defense attorney Bays Shoaf were expected to put a number of mitigating witnesses on the stand this morning, including a psychologist, a psychiatrist and a number of family members - all in an attempt to save Castor's life.

In reaching their verdict Tuesday afternoon, jurors agreed with Kenerly's argument that Castor did not act in self defense when he killed Billings. In addition, jurors must have accepted Kenerly's argument that Castor acted with deliberation and malice in shooting Billings with his short-barrel, 12-gauge shotgun.